City of Salem, NJ Chapter 50 Police Department

[HISTORY: Adopted by the City Council of the City of Salem 5-17-1993 by Ord. No. 93-11. Amendments noted where applicable.]

§ 50-1 Establishment.

[Amended 10-16-1995 by Ord. No. 95-15]

There is hereby established a Police Department in and for the City of Salem. The governing body shall provide for such employees as shall be deemed necessary for the efficient operation of the Department.

§ 50-2 Administration.

[Amended 10-16-1995 by Ord. No. 95-15; 7-17-2000 by Ord. No. 00-14]

The Council shall annually appoint a committee of members of the governing body of such number as it shall designate to oversee the Police Department. The Council shall appoint a Chairman of the committee. The committee shall act as the coordinator between the Council, the Mayor and the Department in relation to all public safety issues and matters. The members of the committee shall fully familiarize themselves with the duties, operations, personnel and equipment of the Police Department. The committee shall endeavor to propose necessary legislation (ordinances, resolutions, etc.) for the operation of the Department and to review and comment upon proposed legislation relating to public safety issues. Any disciplinary hearing pertaining to any member, employee or personnel of the Department shall be held before the Mayor and the committee, and upon conclusion of the hearing, the members of the committee present at the hearing shall make their recommendations to the Mayor who, as the appropriate authority pursuant to N.J.S.A. 40A:14-118, the proper authority pursuant to N.J.S.A. 40A:14-147 and the appointing authority pursuant to N.J.S.A. 11A:2-13, shall be the final decision maker with respect to the disposition of the hearing.

§ 50-3 Composition.

A. The Police Department shall consist of the following members, employees and personnel in order of rank:

(1) A Chief of Police.

(2) A Lieutenant, who may be designated as an Operations Officer.

(3) Not more than five Sergeants.

(4) Regular patrolmen, whose number may be determined by the Council from time to time by resolution;

(5) Not more than three Class One special law enforcement officers and not more than three Class Two special law enforcement officers subject to the limitations of N.J.S.A. 40A: 14-146.17 and or other applicable law.

(6) Such other personnel as the Council shall determine are necessary for the effective government of the force.

B. The Mayor shall appoint all members, employees and personnel of the Police Department, subject to the provisions of Title 40A and Title 11 of the Revised Statutes of the State of New Jersey, other applicable law and further subject to the advice and consent of the Council in relation to the appointment of the Chief of Police, Captains, Lieutenants and Sergeants and communications officers.

[Amended 2-5-1996 by Ord. No. 96-3]

C. Each member of the Police Department shall, before entering upon the performance of his or her duties, take and subscribe to an oath to bear true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the City Clerk within 10 days after appointment.

D. The compensation of members, employees and personnel of the Police Department shall be fixed by the Council by ordinance each year.

E. The Chief of Police shall, with the prior advice and consent of the Mayor, appoint qualified officers of the Department to the positions of Detective and K-9 Officer, and such officers shall serve in such capacity until such appointment is terminated by the Chief of Police with the prior advice and consent of the Mayor.

[Added 7-17-2000 by Ord. No. 00-14]

§ 50-4 Powers and duties of Mayor.

A. The Mayor shall, pursuant to N.J.S.A. 40A:61-4, be the head of the Police Department and shall have the power to appoint, suspend or remove all employees of the Department.

B. The Mayor is hereby designated as the "appropriate authority" in accordance with N.J.S.A. 40A:14-118.

§ 50-5 Chief of Police.

The Chief of Police shall head the Department under the Mayor and pursuant to N.J.S.A. 40A:14-118 shall be directly responsible to the Mayor as the appropriate authority for the efficiency and routine day-to-day operations thereof and shall, pursuant to policies established by the appropriate authority:

A. Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the Police Department and its officers and personnel.

B. Have, exercise and discharge the functions, powers and duties of the force.

C. Prescribe the duties and assignments of all subordinates and other personnel.

D. Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department to be exercised under his direction and supervision.

E. Report at least monthly to the Mayor as the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority. A copy of any and all such reports shall be provided to the Chairman of the committee.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 50-6 Powers and duties.

The Police Department shall:

A. Preserve the public peace; prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the city; suppress riots, mobs and insurrections; disperse unlawful or dangerous assemblages; and preserve order at all elections and public, meetings and assemblages.

B. Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of streets by vehicles or persons and recommend rules and regulations not inconsistent with the charter, ordinance and general law for such purpose.

C. Remove all nuisances in the public streets, parks and other public places and inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit.

D. Provide proper police attendance and protection at fires and other emergencies.

E. Enforce the laws and ordinances in effect within the city and prevent the violation of them by any person and apprehend and arrest all persons legally charged with the violation of any law or ordinance.

F. Provide for the attendance of its police officers or civilian employees in court as necessary for the prosecution and trial of persons charged with crimes and other violations of the laws and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.

G. Operate a training program to maintain and improve the police efficiency.

§ 50-7 Rules and regulations.

A. The Mayor and Council hereby ratify, confirm and/or adopt by reference a manual entitled "Salem Police Department Rules and Regulations," dated December 15, 1975, which shall constitute the rules and regulations for the government of the force and for the discipline of its members.

B. In accordance with N.J.S.A. 40A:14-118, the right is reserved to the Mayor as the appropriate authority to amend or to revoke any of these rules and regulations or add thereto, as the circumstances require.

C. All rules, regulations, procedures and orders previously issued, contrary to those embodied in the manual, are hereby revoked. All other rules, regulations, orders and procedures not in conflict with those contained in this manual shall remain in force.

D. Each member of the Police Department and civilian employees will be issued a copy of said manual and will be responsible for its maintenance and care. All manuals shall be kept current, and supplementary pages concerning additions, revisions or amendments shall be promptly and properly inserted. A copy shall be distributed to the following:

(1) The Mayor;

(2) The Chairman of the Council committee overseeing the Police Department; and

(3) The City Clerk.

E. Each police officer and civilian employee is duty bound to thoroughly familiarize themselves with the provisions of the manual. Failure to comply shall be considered neglect of duty.

F. In the event that neglect of duty is charged against a member for failure to observe the rules and regulations, department procedures or orders, ignorance of any provision of the manual or any department procedure or order will not be accepted as an excuse.

§ 50-8 Special law enforcement officers.

The Mayor may appoint, for terms not to exceed one year, such special law enforcement officers as the Mayor deems are necessary for the preservation of public order in the City of Salem, subject to the qualifications, regulations and provisions relating to such officers as mandated by the Special Law Enforcement Officers Act, N.J.S.A. 40A:14-146.8 et seq., and other applicable law. Special law enforcement officers shall possess and exercise all powers and duties provided by said statutes during their term in office but shall not be continued as regular members and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department, including the carrying of firearms and power of arrest. Special law enforcement officers shall, pursuant to N.J.S.A. 40A:14-146.18, be bona fide residents of the City of Salem at all times during their appointment; however, the Council may, for good cause shown, waive the residency requirement. Class One special law enforcement officers shall, pursuant to N.J.S.A. 40A:14-146.11, have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes of the State of New Jersey.

§ 50-9 Police Chaplain.

[Added 6-15-2015 by Ord. No. 15-03]

A. The position of Police Chaplain for the Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position. The position of Chaplain shall be under the control of the Chief of Police or his liaison officer.

B. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Police Department.

C. The duties of Police Chaplain shall include but not be limited to assisting the Police Department in death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police or his liaison.

D. Any person appointed as Chaplain shall serve in that capacity without rank or salary, the same being a volunteer position only.

E. A person appointed as Chaplain shall serve during the term of one year and shall continue to serve until he/she is either replaced or reappointed.

F. The Chief of Police may recommend to the Mayor persons that the Chief believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police, Senior Police Chaplain and Chaplain liaison to determine his/her qualifications in accordance with this section and shall make recommendations to the Mayor regarding the appointment as Chaplain. The Mayor shall appoint Chaplains in accordance with this section with the advice and consent of members of the Council.